Federal Judge Allows Retaliation Lawsuit Against University of Washington Tacoma to Proceed

A federal judge has ruled that a lawsuit against the University of Washington Tacoma’s School of Social Work can proceed, allowing a student’s retaliation claim to move forward. The decision, issued by Judge David Estudillo of the Western District of Washington, stems from a dispute over a zine project and subsequent interactions with faculty members.

In Arias v. University of Washington Tacoma, the court resolved disputed material facts in favor of the plaintiff, Ariana Arias, and outlined key events leading to the lawsuit.

April 20, 2023: Initial Interaction with Vern Harner

On April 20, 2023, Arias met with Vern Harner, a faculty member. According to the court’s findings, the interaction was described as “momentary.” Arias mentioned she was considering focusing her zine project on women’s rights and showed Harner her computer screen, which displayed a Google search for an article. Arias clarified that no article was open at the time. Harner responded by advising Arias to ensure any sources used were reputable but did not state that her project idea violated social work values or ethics.

April 21 or 22, 2023: Harner Reviews Alleged Article

Later that day or the next, Harner identified and reviewed an article on Arias’ computer, which Harner believed was related to her zine project. Harner claimed the project focused on “the issue of ‘trans’ people sexually assaulting others in prison,” a topic Harner found problematic. Harner expressed concerns about the article’s content, describing it as “full of TERF and far-right dog whistles and talking points.” {TERF refers to trans-exclusionary radical feminism.} Harner then consulted Claudia Sellmaier, another faculty member, sharing impressions of Arias’ project.

April 27, 2023: Draft Zine Review and Escalation

On April 27, 2023, Arias presented her draft zine project to Harner after 11:30 a.m. Harner had planned to meet with each student for three to five minutes but did not specify why the project targeted transgender people or which social work standards were allegedly violated. Arias questioned why her project was not considered a social justice issue.

During the review, Harner became visibly upset, eventually throwing their hands in the air and stating, “[t]his is targeting transgender.” The interaction ended, and Arias requested to meet later that day, but Harner was unavailable. Later that afternoon, Harner contacted Keva Miller, the Dean of the School of Social Work, to report the interactions. Based on Harner’s description, Miller recommended initiating a Professional Standards Committee (PSC) referral.

At 2:12 p.m., Harner sent Arias an email stating they could not meet that afternoon. Harner directed Arias to contact Sellmaier and Chris Barrans for further questions and expressed that the draft project was “harmful and not aligned with social work values and ethics.” The email included three links for Arias to review but did not explain why the project was deemed harmful or misaligned with social work standards. Harner also suggested further discussion on “the intersection of trans rights and women’s rights when that conversation is approached appropriately and in good faith.”

By 2:50 p.m.—just 38 minutes after sending the email to Arias—Harner completed and submitted a PSC referral form.